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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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Help required with keeping in contact with employer whilst off sick


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Hi can anyone advise me on this question. I have been off sick since January because of Spinal Stenosis and am awaiting seeing a spinal surgeon. My employer has now told me that I have a responsibility to contact them on a fortnightly basis and keep them updated on my sick situation. Bearing in mind I was signed off for six months and have already had the sick note until the end of July and they are fully aware of the reason why. They have now decided in their wisdom to contact the Occupational Health Doctor AGAIN and ask him why his last report to them did not give them enough information, the reason is because they never waited for that information before sending me to see him in the first place. I feel harassed because I am off sick and do not need emails reminding me to ring in every two weeks and speak to a complete moron of a Line Manager who does not give a monkeys about me at all!. Anyone heard of this two week ring in rule? I would appreciate it if someone knew about it.

What will be will be and none of us can change the course of history or human nature:wink:

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Yes I unfortunately had that too and I had to then wait another 9 months and they did not like his, then sent records to someone without an assessment who said I was better without assessment, daft. It is a shame it happens

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It all depends on your organisations sickness policy. When I managed a service any staff had to phone in every 2nd shift for first week then it was assessed per individual. 9 out of 10 times staff had to call every 10 days with a check in.

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I have read my companies Sickness Policy and no where does it state that an employee has to ring in every two weeks. I have challenged my Manager regarding this and quoted book and chapter to which he glossed over it and just said please could I ensure that I make regular contact with my Line Manager.

 

What he didn't realise was that I did indeed have the sickness policy here on my laptop should I need to refer back to it and thank heavens I did.

 

I fully expect to go down the Capability Dismissal route at some stage or other but it seems to me as if my company makes up the rules as they go along and don't read the policies like I do! in actual fact I rang my Line Manager regarding something 3 weeks ago and he was not in the office at the time, I asked that he return my call at some point but he never did.

Edited by Fairywings54

What will be will be and none of us can change the course of history or human nature:wink:

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Could you just send an email every couple of weeks if you dont want to speak to anyone, just saying that you are still waiting for appointment or you have a new sick note or whatever, most companies like you to keep in touch when on long term sick so its not that unreasonable if it keeps them happy. Also some companies are reluctant to call you email you as it could be considered harrasment but at the same time if they dont the employee could say I am being ignored.

it would be easier just to do it and then if at a later date you do go down the dissmissal route you can show that you have been reasonable.

If I have been of any help, please click on my star and let me know, thank you.

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Thank you for your good advice assisted blonde, I have emailed my manager tonight and told him I am prepared to ring occasionally and talk to my Line Manager providing he returns my calls if he is not in the office to speak to me.

 

I have also agreed to provide an access to medical records report to the company occupational health doctor as requested. I was asked to provide proof of my disability (another thread before this) and I scanned in my blue badge so they now have proof and if that does not prove anything then nothing will.

 

The truth is I will never return to work for this particular company and am awaiting them to decide what they are going to do about me. To be perfectly honest with you my condition is so bad that I am in constant pain all the time and my doctor has said that my only medication that I could go on next is Morphine.

 

I have been given a letter off my Consultant too also stating that I cannot return to this job, just in case the need arises for me to use it.

Edited by Fairywings54

What will be will be and none of us can change the course of history or human nature:wink:

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Thank you for your help transient, I will bear this in mind. I am a relatively new CAGGER and am grateful for the all the help and assistance that anyone can give me.

Edited by Fairywings54

What will be will be and none of us can change the course of history or human nature:wink:

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Hello there.

 

I think transient was trying to ensure that you get as many replies as possible to your posts. Making them easy to read is always useful because some people, like transient and myself for instance, get put off by a wall of text and it's easy to just give up.

 

You have 24 hours to edit any post you make and want to change, using the Edit Post button on the bottom right of your post.

 

You haven't broken any site rules and it's entirely up to you, of course. :)

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi just a quick thing about the morphine (been there done it) one of the meds i was on was fentanyl, but in addition to the patches which are slow release I was given Pecfent spray which provided instant pain relief, but it was better than moprphine for me as it didnt make me feel like a zombie.

If I have been of any help, please click on my star and let me know, thank you.

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Thank you assisted blonde for that I have never heard of Pecfent Spray before and will certainly ask the Doctor about it when I see him again. He has only offered me Morphine so I suppose I would not know any different. At the moment I am on Dihydrocodeine which only lasts for a certain amount of time and then wears off! I have never been this bad before with my back.

What will be will be and none of us can change the course of history or human nature:wink:

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Pecfent spray is not commonly used but is absolutly brill, it was recommended by my palliative care Professor who is really on the ball with pain control, you may also find that the Dr might consider fentanoyl patches for your pain at a low dose and the spray to be used as a top up if you are hit by sudden spasms or extra pain, if you want any othert details PM me as I am not sure that this is the right place to discuss medication.

If I have been of any help, please click on my star and let me know, thank you.

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I am on morphine based pain killers. I tried the patches but found them ineffective and the side effects were horrible. I used to take Oxycontin SR (slow release) it lasts for 12 hours and gives a good level of pain relief without the zombie side effects, I was also prescribed oxynorm which is a fast acting pain killer for break through pain. My Pain consultant has just changed me to Tapentadol slow release and this is working better than the oxycontin.

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Hiya

 

I personally am aware of this issue arising. In the two cases I know of, the two week contact rule can apply. If however your GP/ATOS consultant states that this is excessive they can say suggest a "adjustment" which they consider as a reasonable comprimise. HR/Workplace managers do not like that as it takes away their control over you which is what this is basically all about.

 

Good luck.

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Thank you for your help transient, I will bear this in mind. I am a relatively new CAGGER and am grateful for the all the help and assistance that anyone can give me.

 

Hello there.

 

I think transient was trying to ensure that you get as many replies as possible to your posts. Making them easy to read is always useful because some people, like transient and myself for instance, get put off by a wall of text and it's easy to just give up.

 

You have 24 hours to edit any post you make and want to change, using the Edit Post button on the bottom right of your post.

 

You haven't broken any site rules and it's entirely up to you, of course. :)

 

My best, HB

:whoo:
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I have been off 6 mths, and I have a grievance in against my line managers, so I email or send my sick lines into our human resources. It is their fault I am off sick with anxiety and depression, workplace stress.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Lilythepink I have been contacted again today by my line manager via email and this time I have been accused of speaking out against the company on a Social Networking Site. I have never ever done this and never mentioned any names or stated where I work but have been accused of this and reminded that I am still being paid by my company! now this is becoming nothing short of harassment and yes you are correct in saying that if I wasn't off work then I too would be like yourself off with depression and workplace stress. As for being paid for the company, all I got last month was £100 per week big deal. I put in a grievance too but my line manager was very very clever and all conversations that took place were behind closed doors and therefore no one was witness to what was being said to me. Good luck Lilythepink, please let us all know how you get on?

Edited by Fairywings54

What will be will be and none of us can change the course of history or human nature:wink:

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thanks Fairywing54

Welfare visited me on Monday and I just sat and cried, they didn't seem to understand that I wanted to get better and get back to work.....

I am just about to put in my grievance this morning, by email. I know like you, my line manager is good at getting out of things, and I knnow that my so called colleagues willl not speak out for me...... so as long as it is logged, that I just didn't take off sick for nothing....which I have never done.... I have went through hell this last couple of years, and would resign if I could afford it..... I intend to get myself well and then transfer out if I can.....

I will go to court with this, if nothing is done, as my union and my doctor and consultant will back me up, they have already said they will... the whole time I have been off sick, they have done nothing but stress me out. Occupational Health told them that even an interview with them, would exacerbate my condition, and welfare suggested retiring early......... I am more stressed out now, as I willl probably lose my home, and everything else....... thanks for your support, they somehow think being sick is being fun....... thanks again

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 1 month later...

Just an update to all reading this thread. Yesterday I was fired by my company under the Capability dismissal route. I was asked for a return date to work which I could not give as it is between my Consultant and my GP and i am still on the sick. I was still got rid of anyhow.

 

I have now put in a claim for ESA as it is my belief that as from yesterday all my rights to SSP ended that day and I will be paid at the end of the month my final salary as I am a monthly employee. I will not go into this too deep but the right format was not followed according to the Disability route and no records of any kind have been sought from my consultant or an Occupational Doctor since the beginning of this year.

What will be will be and none of us can change the course of history or human nature:wink:

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take them to the industrial tribunal for unfair dismissal...... Labour rellations agency.......there are loads of things that you can do.

Take them to court if necessary I am, these employers need to keep up with the law.

 

Do you belong to a union?

 

Fight them, although you probably don't feel like it, but it will be worth it in the end......... I feel quite confident that I willl have my complaint at least put on my file..... Keep fighting.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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I wish you luck with this. When I went through similar a few years ago I found it hard to get help with bringing a case because it is damn hard to prove work place related stress....especially when you have other things they can try and pin it on!!

 

Eventually found a no win no fee solicitor who was prepared to go out on a limb because of some other issues about how they handled "absence management"....was within days of tribunal before they settled out of court...I wanted to fight on but my solicitor said would not get more money and that they would not support this so I had to quit the fight...

 

Not worth it for the money I am sure...but feel that they recognised that their handling had not been reasonable....or were scared something more would come out...

 

I had to pay the money to insolvency though....so not even a holiday to celebrate.

 

It has left me scarred emotionally though as colleagues had begun to smell my weakness and bully me too...it was nasty and I was grateful when they sacked me in some ways....and it is now a crime to be ill whether at work or on benefits....

 

Good luck to you and sorry for all who are going through similar.:-)

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was your job with a private company, as I am a public servant, and I had loads of evidence. My union will pay for a solicitor and why did you not go for constructive dismissal, and take the case further. I have done a course in employment law, and believe that cases can be fought and won, especially as these things happened over 5/6 years, and I have written proof in emails etc. I won't let it go, as sacking anyone like that is disgusting. I would go down the constructive dismissal route, as you won't have to go back there and you might get some satisfaction out of it..... good luck, you have had a bad time like myself, and we can only hope that we willl stronger, and tackle this kind of thing when it comes along if ever the next time. On what grounds did they sack you?

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LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Hi Lilythepink, yes I am a member of the Union and as soon as I was told that I had a Capability Dismissal I got on the phone to my Union who were appalled at the manner of how this came about without any medical records since January being sought. I am fighting this all the way as you are correct in saying that employers need educating in the ways that sometimes disabled employees and employees with significant medical problems can be treated etc and there are various laws too.

 

I have never heard of a Labour relations agency but I am going to find out, I have spoken to ACAS who have advised me what to do. I have also been discriminated against the Union have told me because I was forced to prove I had a disability by showing them my Blue Badge, the list goes on and on but I do feel like fighting and fight I will. Thank you for your continued support. I will keep you all updated.

What will be will be and none of us can change the course of history or human nature:wink:

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Good for you, the Labour Relaations Agency is what it is called over her in Northern Ireland. Did the union not fund your solicitor?

I have doubts about my case as well, and the banks aren't very understanding, when you can't pay your mortgage. But that is good you are not letting it go? I know if I hadn't taken a grievance, I would regret it later on. Good luck and keep on fighting.....

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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